# US West Communications, Inc. v. Public Utilities Commission

> South Dakota Supreme Court · August 11, 1993 · 505 N.W.2d 115

URL: https://www.frixlaw.com/law-library/cases/9722110

## Case

- **Full name:** US WEST COMMUNICATIONS, INC., Appellant, v. PUBLIC UTILITIES COMMISSION OF the STATE OF SOUTH DAKOTA, Appellee
- **Court:** South Dakota Supreme Court
- **Decided:** August 11, 1993
- **Citations:** 505 N.W.2d 115; 1993 S.D. LEXIS 103; 1993 WL 303782
- **Precedential status:** Published
- **Opinion:** Concurrence by Amundson
- **Judges:** Miller, Henderson, Sabers, Amundson, Fitzgerald, Wuest
- **Cited by:** 67 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9722110

## Opinion text

*129 AMUNDSON, Justice
(concurring specially)-
I concur in total with the majority’s position on Issue I that there is no statutory authority for the establishment of a monopoly for the benefit of SDN. . .
On Issue II, I concur with the understanding of the majority position being that the PUC can require USWC to connect its lines to SDN’s exchange, but this does not foreclose USWC from using its own facilities for carrying its generated traffic to the SDN member exchanges already in place. Otherwise, would we not be granting á monopoly to SDN.
Finally, I concur on Issue III to the extent that USWC should be allowed to seek compensation for any regulatory taking for so long as the monopoly granted by the PUC was in effect.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9722110. Public record. Not legal advice.